Trump Administration
Turning Conservative Legal Theories Against Trump
Is the risk of legitimizing bad ideas worth it? Maybe so, under the circumstances.
Conservatives have been obsessed with the idea of a runaway federal government crushing everything in its path. They’ve been successful in promoting ideas to rein in Leviathan, at a time when by our lights the government actually was behaving very reasonably. But now we really do have a rampaging federal government. Conservative ideas could be very useful tools right now, and we shouldn’t hesitate to use them.
CONTINUE READINGThe Lingering Legal Issue of California’s Limits on Vehicle Emissions
The issues are complex, but the state has some strong legal arguments on its side.
The odds are high that the Trump Administration will withdraw California’s power to regulate greenhouse gas emissions from cars and trucks – and along with it, California’s effort to become all-electric. This is a crucial issue for the state because transportation accounts for about 40% of the state’s emissions. It’s also crucial for the other states have exercised the option of adopting California standards. The issues are complex, involving an unusual statutory scheme. Here’s what you need to know, and why I think California should win this fight.
CONTINUE READINGGood COP, Bad COP in Belém, Brazil
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The United Nations mega-conference focused on climate change known as COP (“Conference of the Parties”) is well underway in Belém, Brazil with 193 countries plus the EU, 57 heads of state, 39 ministers and hundreds of governors, mayors, and local officials participating. Two of my UCLA Law colleagues are on the ground in Belém this …
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CONTINUE READINGFixing Fix Our Forests
The emergency provisions of Fix Our Forests are a key weakness in the bill
The permitting reform bill that has made the most progress through Congress is the Fix Our Forests Act, which I’ve written about here, here, and here. And as I’ve written before, fixing fire management on federal lands should be a top priority for any reforms. I’m not sure that the model of Fix Our Forests …
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CONTINUE READINGRoadless Rule Revisited
Rationale for revocation of the roadless rule does not add up
The roadless rule, promulgated in the Clinton Administration, but not free from litigation until the first term of the Obama Administration, set aside about 2% of the land area of the lower 48 United States from commercial development. It applies to roadless areas of National Forests, and prohibits commercial logging and road construction in those …
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CONTINUE READINGAnother Threat to Advocacy Groups
The new regulation on loan forgiveness bodes no one good.
A new Trump Administration rule restricts what organizations qualify as engaging in public service. Unless an employee qualifies, its employees won’t benefit from student loan forgiveness programs. That would cut into their workforce. On the face, the standard seems reasonable: organizations must “not engage in activities such that they have a substantial illegal purpose.” But when you dig beneath the surface, the whole rule turns out to be legally dubious and ideological to its core.
CONTINUE READINGThe Tariff Case & Environmental Law
The Court’s ruling could open doors legally for some future environmental actions.
In passing a new statute, is Congress endorsing judicial rulings under the old one? Do restrictions on the regulatory powers of administrative agencies apply to foreign affairs or Presidential actions? Can courts review a President’s emergency actions? The oral argument in the Trump tariff case will provide clues into the Justice’s thinking on these key issues. The ultimate decision will have implications on other topics like environmental law. Here’s a roadmap to the issues.
CONTINUE READINGWill Technology Save Us? It Might Have To
Battery innovations provide at least some source for hope despite the Trump Administration’s war on renewable energy
There is little good out there, but it was nice to see this graphic recently. It’s a graphic of the daily energy usage in California broken down by source and by time period, according to the California Independent System Operator. That’s why you can see the yellow-gold area, representing solar capacity, expand during the daytime …
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CONTINUE READINGEnvironmental Groups and the New McCarthyism
The Administration’s search for a vast leftwing conspiracy could ensnare some environmental groups.
The White House’s reference to a “vast network” rings a historical bell. A speaker seventy years ago decried “a conspiracy on a scale so immense as to dwarf any previous such venture in the history of man.” That speaker was Joe McCarthy. Environmental groups weren’t active during his time, but does anyone doubt that they would have been on his hit list?
CONTINUE READINGHow “Passive Virtues” Destroy the Constitution
Judicial restraint has become a license for dictatorship.
Never has the adage that A Picture Is Worth A Thousand Words been more appropriate. Donald Trump has destroyed much of the federal government and much of the Constitution, so now he is destroying the White House – in this case, to build a horrific 90,000 square foot ballroom paid for by “private contributors,” who …
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